Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17443 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rupendra Kumar Mishra, learned counsel for the applicant and Sri Manish Pandey, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 36 of 2025, under Sections 85, 80(2) of BNS and Sections 3/4 of Dowry Prohibition Act, Police Station - Hazratnagar, District - Sambhal, during the pendency of trial.
4. As per prosecution story, the marriage of son of the applicant was solemnized with the daughter of the informant as per Hindu Rites in the year
2021. The applicant and other family members are stated to have subjected her to cruelty for a demand of car and five lakhs rupees as dowry thereby leading her to death on 24.03.2025 at about 08:00 AM by setting her afire.
5. Learned counsel for the applicant has submitted that the applicant is the father-in-law of the deceased person and has been falsely implicated in the present case. It is true that the deceased has expired due to burn injuries sustained but he has nothing to do with the said offence. Rather, the applicant as a bonafide act, rushed the deceased person to hospital for treatment and even informed the police about the incident.
6. Learned counsel has also stated that that the applicant is languishing in jail since 29.03.2025, having no criminal history to his credit, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse Versus Counsel for Applicant(s) : Rupendra Kumar Mishra Counsel for Opposite Party(s) : G.A., Manish Pandey, Mritunjay Verma Mohan .....Applicant(s) State of U.P. .....Opposite Party(s)
the liberty of bail and shall cooperate with trial.
7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the
submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.
8. The Supreme Court in the case of Kahkashan Kausar @ Sonam Vs. The State of Bihar, reported in (2022) 6 SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
9. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties and also considering the aforesaid judgement of Supreme Court coupled by the fact that the applicant is the father-in-law of the deceased person and as a bonafide act, he rushed the deceased person to hospital for treatment, I find it a fit case to release the applicant on bail. The bail application is allowed.
9. Let the applicant- Mohan, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 28, 2025 Siddhant BAIL No. 17443 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad